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Letter to the editor

County hangs tough on noisy firm but seeks alternatives

E.L. Trevena is ready for court action to keep crushing rock.

By WILL VAN SANT, Times Staff Writer
Published October 21, 2007

The rock crusher tormenting them for months is silent for now, but residents of the Shadow Pines subdivision worry the let-up won't last.

Starting early this year, demolition and building debris recycling outfit E.L. Trevena Inc. began regular operation of a rock crusher to break down chunks of old concrete into usable aggregate.

The operation, residents say, makes living in the area a nightmare.

"This neighborhood has been so quiet you could here a rat peeing on cotton," said 54-year-old Michael Reilly Sr. "The last six or seven months, it's been the exact opposite."

Dust clogs the air, residents complain. Early morning crushing cuts sleep short. Pictures on walls shake and prospective home buyers lose interest after getting a taste of the crusher.

"It's been horrible," said resident Linda Podlaski, 49. "You cannot even go outside. You can't enjoy your yard. You can't enjoy your patio."

County officials have taken notice. The roughly 3-acre site is zoned light industrial, which allows for such things as rock crushing, so long as the crusher is enclosed. Trevena's crusher isn't.

Pinellas code enforcement officials cited Trevena 19 times since June and he's racked up $2,622 in fines. None of the fines has been paid and the county has begun the process of seeking a court injunction to shut down the operation.

"It just grates on your nerves that he can continue to thumb his nose at everybody in the neighborhood and at his own government," Podlaski said.

Tuesday, Trevena appeared before the County Commission, seeking special permission to operate the crusher in the open. He faced a band of emotional residents and got a chilly reception from commissioners.

"You're being sued, so you want to come to us to legitimize what you are doing?" asked County Commissioner Calvin Harris.

The commission unanimously denied the request.

Trevena referred questions to his attorney, Gregory T. Elliott.

Elliott disputes the county's citations. Trevena has been operating since 1984, when his business was surrounded on all sides by industrial activity, not residential homes, Elliott said.

Over the years, Trevena has crushed rock from time to time, he said, and the provision that requires him to house his equipment didn't go on the books until 1990. In Elliott's view, crushing should be considered a grand- fathered use. It's an argument he's willing to make in court.

"We have the same rights as everybody to plead not guilty," Elliott said.

County leaders acknowledge debris recycling is beneficial, and they are aware of the need to shore up Pinellas' industrial sector.

Yet the Trevena case, and similar ones involving other debris recyclers, prompted the county to consider amending its zoning laws to put some distance between such operations and residential housing.

Even as they weigh court action, county leaders are interested in finding suitable land for Trevena's business. One option being explored is leasing appropriate county land to Trevena and other debris recyclers.

Since Tuesday's meeting, Trevena's crusher has been silent and Elliot said it won't operate until one of two things happen: another location is found or a building is erected to house the crusher.

"We have no desire to fight with our neighbors for the rest of our lives," Elliott said.

But some residents are skeptical about the pledge and don't see merely housing the crusher as a solution.

"He's shown his true colors," Reilly said. "He's been violating the law all along. And I'm a firm believer that the best indicator of future behavior is past behavior. I would like to see him shut down completely and move to another location."

Will Van Sant can be reached at vansant@sptimes.com or 727445-4166.

[Last modified October 20, 2007, 21:26:58]